On January 12, 2023, USCIS announced several exciting updates to its ongoing expansion of Premium Processing. These updates will impact the following categories:
- As of January 30, 2023, Premium Processing will be available for new and pending Immigrant Visa Petitions (Form I-140) for Multinational Executives/Managers (EB-1C).
- As of January 30, 2023, Premium Processing will be available for new and pending Form I-140s for advanced degree/extraordinary ability professionals seeking National Interest Waivers (NIW).
- In March 2023, Premium Processing will be available for pending Applications (Form I-765) for Employment Authorization Documents (EAD) filed by F-1 students seeking an initial grant of Optional Practical Training (OPT) or a 2-year OPT Extension for graduates with degrees in a qualifying science, technology, engineering, and mathematics (STEM) field. (STEM) seeking.
- In April 2023, Premium Processing will be available for new and pending I-765 Applications for an OPT EAD or STEM OPT EAD Extension.
- In May/June 2023, USCIS plans to expand Premium Processing to certain nonimmigrants seeking a Change of Status (Form I-539) to F-1 or J-1.
At this time, we have the most details pertaining to the EB-1C and NIW expansion. As was the case with prior phases of EB-1C/NIW Premium Processing expansion, USCIS will accept Requests for Premium Processing (Form I-907) and their accompanying $2,500.00 filing fee (which must be paid separately) for new and pending EB-1C and NIW Forms I-140 that arrive on or after January 30, 2023. Further, and unlike the 15-day turnaround for other qualifying requests, it appears that USCIS will continue to guarantee a decision on a new or pending EB-1C or NIW Form I-140 within 45 calendar days of the Form I-907’s receipt.
On the other hand, USCIS states that it will not announce the specific dates for eligible EAD Applications until February. The Service also advises that it will announce the expansion of Premium Processing for Form I-539 Applications when its ready. In addition, the announcement is silent on the expected turnaround for Applications for EADs or F-1/J-1 Changes of Status, but given the nature of these requests, it is reasonable to predict they will have a 15-day turnaround. Also, it remains to be seen whether the Premium Processing fee for these requests will be $2,500.00, or less.
And no matter what, USCIS advises that it shall uphold its “legislative requirement” by guaranteeing that the above-described expansion will not lead to increases in processing times for filings that remain ineligible for Premium Processing, or for filings eligible for Premium Processing but nevertheless filed via Regular Processing.
Over the past seven months, Green and Spiegel has welcomed the steady extension of Premium Processing to certain EB-1C and NIW Petitions. During this period, our Firm has filed countless upgrades to individuals in these categories seeking a timely resolution to their Form I-140 submissions. Now that Premium Processing is available to all EB-1C and NIW Petitions, we look forward to strategizing how to leverage these new options with corporate clients and extraordinary individuals alike. As such, we encourage you to contact Green and Spiegel to discuss how this announcement may benefit your case.
